What to Include in an Art Commission Terms of Service (With a Free TOS Template)

So… You send the finished line art to your client, the one who approved the sketch two days ago, and they reply with: “Love it! Can you change the pose, swap the outfit, and make it a different character?” 💀

Some version of that message lands in almost every artist’s inbox after they open commissions without written rules. It happened to me more than once when I started doing client work for streamers and game developers over a decade ago, and every single time I wished I’d had rules in writing.

The fix takes one afternoon: an art commission terms of service, usually shortened to TOS.

In this post, I’ll break down every clause you need, explain what each one means in plain English, and hand you a free fill-in-the-blank TOS template at the end. No law degree needed, I promise.

Just here for the Template? Click here to automatically scroll down to it. 👇

Why You Need a Commission TOS Before You Take Your First Client

A TOS protects both sides. Your client knows exactly what they’re paying for, and you stop losing entire evenings to “just one more small change”.

It also makes you look professional, which (fun fact) attracts better clients, not fewer ones.

What a TOS Is (Plain English, No Law Degree Needed)

A terms of service is a short document that lays out the rules for working with you: what you draw, how people pay, how many changes they get, and who can use the finished piece, and how.

It’s not scary legal paperwork. It’s the same idea as the sign at a cafe: “card only, we close at 6”.

Nobody reads that sign and feels attacked. They just know what to expect before they order.

What Goes Wrong Without One

Here’s the shortlist of things I’ve seen (and lived through) when there’s no TOS:

• Scope creep: the client asks for “tiny tweaks” until you’ve redrawn the whole piece three times.
• Ghosting: you finish the art, send it, and then… silence. No final payment.
• Chargebacks: the client gets their money back through their bank, and you keep nothing but the stress.
• Surprise usage: your emote ends up on merch, or your character art gets fed into an AI generator without your knowledge.

TOS vs. Commission Sheet vs. Contract

People mix these up all the time:

• Commission sheet: the menu. Prices, example images, what each tier includes.
• TOS: the rules of the shop. Applies to every client, all the time.
• Contract: a per-client signed agreement, mostly for bigger freelance projects like game assets or book covers.

For most commission work, a clear commission sheet plus a TOS, plus a client confirming “I agree” in writing, does the job beautifully.

One more thing before we get into the clauses.

If a little voice is telling you that you’re not “professional enough” to need a TOS, that’s imposter syndrome (opens in new tab) talking, not reality.

Rules don’t make you arrogant. They make you easy to work with.

The Booking Clauses: What You Draw and How Clients Order

Your TOS is basically your commission rules for artists, written down where everyone can see them. The first group sets the boundary around what you’ll accept before any money changes hands.

Your Will-Draw and Won’t-Draw Lists

State your niches clearly.

Something like: “I draw: anime-style characters, chibi, DnD portraits, Twitch emotes. I don’t draw: mecha, realistic portraits, gore, hate symbols, adult content.”

This one list saves you a shocking amount of awkward back-and-forth. It also gives you a polite, blame-free way to say no: “sorry, that one’s on my won’t-draw list”.

Add that you can decline any request you’re not comfortable with, before payment. You’re a person, not a vending machine.

How Clients Should Contact You (and Behavior You Won’t Accept)

Pick one or two channels (DMs, email, VGen, a form) and list them.

Fewer channels means fewer lost messages and less anxiety checking five apps a day.

It’s also okay to set behavior rules: no aggressive haggling, no daily “any update?” messages, no rudeness.

Write it kindly, something like: “I won’t work with clients who haggle or rush me daily. Mutual respect, always.”

What the Client Must Provide: References and Details

Make the client do the prep work. You want:

1. Character references (images or written descriptions)
2. A clear idea of pose, expression, and mood
3. Where the art will be used (avatar, print, merch, stream overlay)
4. Any deadlines, mentioned up front

If they show up with “just draw whatever you think looks cool”, that’s usually a client who will later ask for changes because “it’s not what I imagined”. References are your insurance.

This will depend on the type of commission work you’ll do, so adapt your requirements depending on that!

The Money Clauses: Prices, Payments, and Refunds

This is the part most beginners stress over, so let’s make it concrete. I go deeper in my guide to selling art commissions (opens in new tab), but here’s what your TOS needs to cover.

Prices, Currency, and Your Upfront Deposit

• List prices in one currency, and say which one, so nobody is surprised by conversion.
• The 50% deposit is the standard. The client pays half before you start, the rest after sketch approval or before final files. For small pieces (say, under $30), charging in full upfront is completely normal.
• Never start working before the deposit lands. “I’ll start now, invoice later” is how artists get burned.

Invoicing and Payment Platforms

Use a real invoicing system: PayPal invoices, VGen, or a Ko-fi shop. Two reasons:

1. It looks professional and keeps records automatic.
2. It protects both sides if anything goes wrong.

Never accept “friends and family” transfers!

That option gives the client no buyer protection, it breaks the platform’s rules, and it’s a classic scam pattern in commission spaces.

Refund and Cancellation Rules

A clear art commission refund policy protects both of you, so write down exactly what happens if someone wants out:

• Full refund any time before you start working.
• Partial refund while in progress (minus payment for the work already done).
• No refund after final delivery, or after they approved the final WIP.

Also say what happens if you have to cancel: full refund, always. You keep the rights to your unfinished work either way.

Extra Fees to List Upfront

Nobody likes surprise charges, so put these in writing: extra characters, pets, complex armor or backgrounds, rush orders, layered or RAW files, and commercial use (more on that below).

Percentages work well: “+50% of the base price per extra character”, “+30% for rush orders”.

The Process Clauses: Workflow, Revisions, and Turnaround

Your Workflow: Sketch Approval and WIP Updates

Describe your steps: sketch, then lines, then color, then delivery.

The client approves the sketch before you move to line art. That approval checkpoint is your safety net, because once they approve, you’re building on a foundation they chose.

Mention how often you’ll update them.

One or two WIP shots at key stages is plenty. Daily updates train clients to expect daily replies.

How Many Revisions the Price Includes

Here’s the clause that saves the most grief. Define the difference:

• A revision changes what’s already there: “make the hair curlier”, “move the hand up a bit”.
• A redesign replaces it: “actually, a different pose”, “new outfit entirely”.

Your price includes a set number of revisions (two at sketch stage, one at color is a common setup).

Redesigns after approval count as a new commission or a paid extra. Say it kindly, say it clearly, and 99% of clients will respect it.

Turnaround Times, Waitlists, and Client Delays

Give ranges, not exact dates: “2 to 3 weeks after payment” beats a promised Thursday. Life happens, tablets die, hands cramp.

If you run a waitlist, mention it. Cover the client-side delay too: if they vanish for 30 days, the project pauses and the deposit is kept, since you already blocked that time for them.

The Rights Clauses: Copyright, Usage, and Credit

The legal-sounding part, translated into human words.

Who Owns the Finished Art

By default, in most countries, the artist keeps the copyright, and the client gets a license (permission) to use the art. Your TOS should say that out loud so nobody assumes they bought “the whole thing”.

What Personal Use Covers

Be generous and specific. Personal use usually means: posting it on their socials, using it as an avatar or wallpaper, printing a copy for their wall or their DnD table.

Credit to you is always appreciated, and asking for it is completely fair.

Commercial Use, Merch, and Streaming Licenses

If the art will make the client money, they need a commercial license, and it costs extra. That covers merch and prints for sale, paid emote packs, book covers, album art, ads, and stream overlays for monetized channels.

A common approach is a multiplier (commercial use at 1.5x or 2x the base price) or a flat fee per project. This isn’t greed. It’s the difference between buying a print and buying the right to print.

No AI Training, No NFTs, No Reselling

State it plainly: clients may not feed your art into AI generators, mint it as an NFT, or resell the files.

Older TOS templates floating around don’t cover this. Add it, even if it feels unlikely.

It costs one line and protects work you’re proud of.

Your Right to Post and Credit the Work

You keep the right to show finished pieces in your portfolio and on your socials. It’s how you land your next client.

Offering a privacy option is a nice touch (some clients want a surprise reveal or have NDA needs), and you can price it as an extra.

Free Art Commission TOS Template (Copy, Paste, Edit)

Here it is: everything above, in one friendly-but-firm document.

Call it a TOS, call it an art commission contract template, same job: the rules, in writing, before money moves. Copy it, fill in the [brackets], delete what doesn’t fit you, and publish.

(you can also add it to your drawing software with a nice background, or just use a Canva template to ‘prettify’ it)

ART COMMISSION TERMS OF SERVICE
Last updated: [date]

1. WHAT I DRAW
I draw: [anime characters, chibi, DnD portraits, emotes, add your niches]
I don’t draw: [mecha, realism, gore, hate symbols, adult content, add yours]
I can decline any request I’m not comfortable with before payment.

2. HOW TO ORDER
– Contact me at [DMs / email / VGen / form link] with your idea.
– Include character references, pose and mood notes, and where the art will be used.
– I confirm the price and turnaround before anything is booked.

3. PRICES AND PAYMENT
– Prices are in [currency]. See my commission sheet for current rates.
– A [50]% deposit is due before I start. The rest is due [after sketch approval / before final files].
– Payments go through [PayPal invoice / VGen / Ko-fi]. No friends-and-family transfers.
– Extras: [+50]% per additional character, [+20%] for pets, backgrounds, or complex outfits, [+30]% rush fee.

4. PROCESS AND REVISIONS
– My workflow: sketch, lines, color, delivery. You approve the sketch before I continue.
– Included: [2] revision rounds at sketch stage and [1] at color.
– New poses, outfits, or characters after approval count as a redesign or a new commission.
– Turnaround: [2 to 3] weeks from payment. I’ll message you if anything changes.
– If you’re unreachable for [30] days, the project pauses and the deposit is kept.

5. REFUNDS AND CANCELLATIONS
– Full refund any time before I start working.
– Partial refund during progress (minus payment for work already done).
– No refund after final delivery, or after approval of the final WIP.
– If I have to cancel, you get a full refund.

6. COPYRIGHT AND USAGE
– I keep the copyright to all my artwork.
– You receive a personal-use license: post it, use it as an avatar, print it for yourself.
– Commercial use (merch, paid emote packs, book covers, ads) needs a license: [1.5x base price / flat fee].
– Do not use my art to train AI, mint it as an NFT, or resell the files.
– I may post finished pieces to my portfolio and socials unless we agreed otherwise in writing.

7. FILES AND DELIVERY
– You receive [a PNG at 300 DPI, sized for your use]. Layered or RAW files cost extra.
– I keep working files for [30] days after delivery. Later edits may cost a restart fee.

8. CONDUCT
I won’t work with clients who haggle aggressively, send daily “update?” messages, or are rude. Mutual respect, always.

By ordering, you confirm you have read and agreed to these terms.
– [Your name], [year]

Note: this template is a starting point, not legal advice. Check your country’s rules or talk to a professional for big projects.

How to Fill In Each Blank

The brackets that matter most, in order:

1. Deposit percentage and refund rules. These protect your time and your money.
2. Revision counts and the redesign line. This one prevents 90% of client drama.
3. Will-draw and won’t-draw lists. Specific beats vague, every time.
4. Commercial use pricing. Even a rough number stops you from guessing under pressure.

A Short Version for Bluesky, Twitter(X), VGen, and Carrd

Character limits exist, so here’s a compressed TOS that links to the full one:

COMMISSION TOS: [50]% deposit via invoice before I start. [2] sketch revisions included, more cost extra. Full refund before work starts, none after final approval. Personal use rights included; commercial use is [1.5]x. No AI training, no NFTs, no reselling. I keep copyright and may post the finished piece. Full TOS: [link]

Common TOS Mistakes That Hurt More Than They Help

Here are the biggest and most common Terms of Service mistakes that artists make.

• Starting work before payment. The deposit exists to be paid first. Hold that line, kindly.
• Offering unlimited revisions. It sounds generous, and it invites endless polishing. Revisions are labor, so count them.
• Skipping the AI and NFT clause. One sentence, and you’re covered.
• Writing in ALL CAPS Threat Mode. A wall of angry rules scares off lovely clients. Aim for “friendly cafe sign”, not “airport security”.
• Copying someone else’s TOS word for word. Borrow the structure, sure, but the numbers and rules need to be yours.

How to Publish Your TOS So Clients Actually Read It

Where to Post It

Pick one home for the full TOS and link it everywhere.

Good options: a pinned post on Twitter/X or Bluesky, a page on portfolio websites for artists (opens in new tab), a Carrd page, or a linked Google Doc.

Then paste the short version right into your commission sheet.

Getting a Clear “I Agree” From Every Client

Before you send the invoice, ask the client to reply with something like “I’ve read and agree to your TOS”.

Screenshot it and keep it in the project folder. If a dispute or chargeback ever happens, that screenshot plus your invoice trail is your evidence.

When a Client Breaks the Rules

Chargebacks: respond through the platform with your evidence (agreement screenshot, invoice, WIPs, delivery messages). Invoiced payments through PayPal or VGen give you a real dispute process.

Ghosting: the deposit means you’re paid for the work done. Send one polite final message, keep the files, and move on. It’s not rude. It’s in the TOS they agreed to.

Frequently Asked Questions

💡 Want to take this further? A TOS handles the paperwork, but your art still has to justify your prices. Most commissions are character work: OCs, VTuber avatars, DnD portraits, emotes. The Character Master Suite covers exactly that, from turnarounds to the Hands Reference Bonus Pack.

And if you want a second pair of eyes on your actual setup, book a 1-on-1 Art Coaching session and we’ll review your pricing, portfolio, and launch plan live together.

And as always: Keep on drawing!

– Patricia 🥰